Chulam Ahmed And Others v R.

Judgment Cited in Precedent Map Related
Judgment Date20 August 1947
Judgement NumberCACC18/1947
Year1947
CourtCourt of Appeal (Hong Kong)
CACC000018/1947 CHULAM AHMED AND OTHERS v. R.

CACC000018/1947

IN THE SUPREME COURT OF HONG KONG

APPRIJATE JURISDICTION

CRIMINAL APPEAL NO. 18 OF 1947

-----------------

BETWEEN
CHULAM AHMED, MOHAMED AKBER, Appellants
ABDULLAII ALI, MOHAUED ABDUL KARIM,
MANSUR ALI, SHEK ADAM & RAMOI LORIN.

AND
THE CROWN

-----------------

Coram: Mr Justice T.J. Gould, Additional Judge

Date of Judgment: 20 August 1947

-----------------

JUDGMENT

-----------------

1. This appeal was based on two grounds:-

1. That the verdict was against the weight of evidence.

2. That the magistrate misdirected himself in law as to the onus of proof.

2. As to the second of these, appellant submits

(a) That the Magistrate treated certain evidence of irregularities of the accused as being of the essence of the matter, and their failure to prove the innocent nature of these irregularities to his satisfaction as ground for conviction. The passages relied upon occur mainly on page 69 of the judgment.

As to this, I find, reading the judgment as a whole, that the Magistrate treated these matters as evidence of the alleged conspiracy and relied upon other evidence as establishing the extortion, demand and menaces. As to the question of onus, the Magistrate merely chose to believe the evidence of the prosecution as explaining the irregularities, in preference to that of the defence. He was porfectly entitled to do so.

(b) That in spite of the contradictory nature of the evidence given by the witnesses for the prosecution the Magistrate chose to believe their evidence that a demand was made.

3. This submission is obviously not acceptable as it does not touch upon direction or onus but is merely a question of weight. Upon this ground then the appeal fails.

4. On the submission that the decision was against the weight of evidence it cannot be denied that the evidence for the prosecution. The great majority of these are upon a collateral matter and are explainable as showing unwillingness. On the part of Mok Kuen to accept the role of organizer of the gambling school and a desire on the port of others to shield him. There are however other inconsistencies which go closer to the root of the matter which is the demand for $30.

5. The position of an appellate Court on appeal from a Judge alone has been recently...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT